Many new points in the revised Law on Inspection

(Chinhphu.vn) - The amended Law on Inspection, consisting of 64 articles, takes effect from today (July 1), regulating the organization and operation of inspection, including adding new powers to the Government Inspectorate.

Re-inspection when there is 1 of 5 signs of law violation

According to the amended Law on Inspection, the Government Inspectorate has the right to re-inspect cases that have been concluded by the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security , the Inspectorate of the State Bank, and the Provincial Inspectorate when detecting signs of law violations.

With an overwhelming majority of votes in favor, the amended Law on Inspection was passed by the 9th session of the 15th National Assembly - Photo: VGP

The inspection agencies (including the Government Inspectorate , Provincial Inspectorate, Ministry of Public Security Inspectorate, Ministry of National Defense Inspectorate, State Bank Inspectorate, Cryptographic Inspectorate, and Inspectorates established under international treaties) have the function of assisting competent state management agencies in performing state management of inspection work, receiving citizens, handling complaints and denunciations, and preventing and combating corruption and negativity.

These agencies also conduct inspections, receive citizens, resolve complaints and denunciations, and prevent and combat corruption, waste, and negativity in accordance with the law.

Notably, the amended Law on Inspection stipulates a unified concept of inspection, without distinguishing between administrative inspection and specialized inspection.

Along with that are specific regulations on the functions and tasks of the Government Inspectorate, Provincial Inspectorate, Ministry of National Defense Inspectorate, Ministry of Public Security Inspectorate, and State Bank Inspectorate. Because these inspection agencies are different in legal status and scope of State management.

Additional powers for the Government Inspectorate

The revised Law on Inspection also adds new powers to the Government Inspectorate, because after the reorganization, the Government Inspectorate takes over the functions and tasks of 12 Ministry Inspectorates.

Accordingly, the Government Inspectorate has the right to "inspect the implementation of policies, laws, tasks and powers of agencies, organizations, units and individuals under the management of ministries without a Ministry Inspectorate"; "inspect the compliance with laws in areas under the state management of ministries without a Ministry Inspectorate".

The case is complicated, related to the State management responsibilities of many ministries, ministerial-level agencies, and provincial People's Committees, and is also under the inspection authority of the Government Inspectorate.

The Law clearly stipulates that the Government Inspectorate has the right to re-inspect cases that have been concluded by the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank, the Inspectorate of Cryptography, the Inspectorate established under international treaties, and the Provincial Inspectorate when detecting signs of law violations.

The Government Inspector General decides to re-inspect cases that have been concluded by the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank, the Inspectorate of Cryptography, the Inspectorate established under international treaties, and the Provincial Inspectorate when detecting signs of law violations.

This new regulation was added in this law amendment based on the opinions of National Assembly deputies.

According to the law, re-inspection is conducted when there is 1 of 5 signs of law violation, specifically:

Serious violations of the authority to issue inspection decisions, procedures and processes during the inspection process.

Error in applying the law when concluding the inspection.

The content of the inspection conclusion is inconsistent with the evidence collected during the inspection process.

The inspector intentionally falsified case records or intentionally drew illegal conclusions.

There are signs of serious violations of the law by the inspected entity but they have not been fully detected through inspection.

The statute of limitations for re-inspection is 2 years from the date of issuance of the inspection conclusion.

Government Inspectorate-Photo: VGP/Toan Thang

When there is a basis for the above regulations, the superior inspection agency shall re-inspect the inspection conclusion of the subordinate inspection agency.

With the inspection conclusion of the Government Inspectorate, the report shall be submitted to the Prime Minister for consideration and decision on re-inspection.

The re-inspection period shall not exceed the period of an inspection.

Specifically, the inspection conducted by the Government Inspectorate shall not exceed 60 days; in complicated cases, it may be extended once for no more than 30 days; in especially complicated cases, it may be extended a second time for no more than 20 days.

The inspection conducted by the Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank, and the Provincial Inspectorate shall not exceed 45 days; in complicated cases or in mountainous, border, island, remote, or difficult-to-access areas, the inspection period may be extended once for no more than 25 days.

The inspection conducted by the Cryptographic Inspectorate, the Inspectorate established under international treaties and other inspection agencies in the People's Army, the People's Public Security, and the State Bank of Vietnam shall not exceed 30 days; in complicated cases or in mountainous, border, island, remote, or difficult-to-access areas, the inspection period may be extended once for no more than 10 days.

The re-inspection conclusion must clearly define the responsibilities of the inspection agency and the inspector of the previous inspection.

The law assigns the Government to provide detailed regulations on this issue.

The Government Inspectorate said that the draft Decree detailing and guiding the implementation of the Law on Inspection will specifically stipulate the basis, authority for re-inspection, order and procedures for re-inspection, specific content of the re-inspection conclusion, and the disclosure of the re-inspection conclusion.

In the report sent to the National Assembly, the Government also explained why the law does not specifically stipulate the authority to re-inspect the inspection conclusions of the Government Inspectorate.

"Because the Government Inspectorate is the highest agency in the system of inspection agencies. In case the inspection conclusion has any problems, it must be reported to the Prime Minister for direction to review and clarify the inspected content according to the Prime Minister's request," the report stated.

The amended Law on Inspection specifically regulates the inspection and verification of information and documents; handling of violations during the inspection process; monitoring the activities of the inspection team; as well as drafting inspection conclusions, appraising and issuing inspection conclusions...

According to regulations, draft inspection conclusions of the Government Inspectorate, the Ministry of National Defense Inspectorate, the Ministry of Public Security Inspectorate, the State Bank Inspectorate, and the Provincial Inspectorate must be appraised before being signed and issued. Appraisal of draft inspection conclusions of other inspection agencies is carried out when necessary.

The Law also adds a provision that "during the implementation of the inspection conclusion, if there are any difficulties or problems, they must be reported to the agency issuing the inspection conclusion for synthesis and reporting to the Head of the state management agency at the same level as the inspection agency for consideration and handling according to regulations".

How to handle an inspection that has no conclusion before July 1?

To address the legal gap, the amended Law on Inspection stipulates: In case laws, resolutions of the National Assembly and other legal documents have provisions on the organization and operation of inspection that are not consistent with this Law, the amendment and supplementation must be completed before March 1, 2027 to be consistent with the provisions of this Law.

During the time when laws and resolutions of the National Assembly have not been amended or supplemented, the provisions of this Law shall apply.

For inspections with inspection decisions issued before July 1 but with no inspection conclusions yet issued, the provisions of Inspection Law No. 11/2022 shall continue to be implemented.

In case the inspection is in progress or has finished the direct inspection but the inspection conclusion has not been issued, the Inspection Team shall continue to perform its duties, develop a draft inspection conclusion and submit it to the Head of the inspection agency after arranging the organizational apparatus for consideration and issuance of the inspection conclusion.

For inspections conducted by the Inspectorate of the Department and the Inspectorate of Vietnam Social Insurance that have ended their operations and are conducted by the agency assigned to perform specialized inspection functions, the Head of the agency receiving the functions, tasks, and powers, and the Head of the agency previously assigned to perform specialized inspection functions shall review and issue inspection conclusions.

Regarding monitoring, urging, and inspecting the implementation of inspection conclusions and decisions on handling inspections, the amended Law on Inspection stipulates that after the state apparatus is reorganized, if an agency no longer organizes inspections, the head shall assign a subordinate unit to monitor, urge, and inspect the implementation of inspection conclusions and decisions on handling inspections.

The Provincial Inspectorate shall monitor, urge and inspect the implementation of the inspection conclusions of the District Inspectorate.

With the inspection conclusion of the agency assigned to perform specialized inspection functions, the Head of the agency previously assigned to perform specialized inspection functions shall monitor, urge and inspect the implementation.

In case an organization or individual must implement the inspection conclusion or inspection handling decision but the operation ends, the organization or individual receiving the function, task, and authority is responsible for implementation.

Regarding the settlement of complaints, denunciations, recommendations and reflections on inspection activities according to the 2022 Law on Inspection, the Head of the agency receiving the functions, tasks and powers, and the Head of the agency previously assigned to perform specialized inspection functions are responsible for continuing to resolve them.

Toan Thang

Source: https://baochinhphu.vn/nhieu-diem-moi-trong-luat-thanh-tra-sua-doi-102250701103808123.htm